The premise of this and subsequent rulings is that, under the First Amendment, it is better to punish unprotected speech libel or slander, for example after the fact than to impose restraints that may silence protected speech. This is not to dismiss Trump’s claims about the veracity of Wolff’s account; while some of the book may be false or even defamatory, there is plainly much in it that isn’t. Regardless, that some writing may be sloppy, salacious or even slanderous doesn’t justify action by the government to ban or censor.
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